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General Provisions - 3 <br /> <br />of Everett; have the City of Everett, its officers, employees, agents, and volunteers as <br />additional insureds; and contain a provision that the policy shall not be canceled or <br />materially changed without 30 days prior written notice to the City of Everett." <br />D. Prior to Contractor performing any Work, Contractor shall provide the City or the City’s <br />designee with a Certificate of Insurance and endorsements acceptable to the City Attorney <br />evidencing the required insurance. <br />E. Contractor certifies that it is aware of the provisions of Title 51 of the Revised Code of <br />Washington that requires every employer to be insured against liability of Workers’ <br />Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br />Contractor shall comply with the provisions of Title 51 of the Revised Code of Washington <br />before commencing the performance of the Work. Contractor shall provide the City with <br />evidence of Workers’ Compensation Insurance (or evidence of qualified self-insurance) <br />before any Work is commenced. <br />9. Risk of Loss. Contractor shall be solely responsible for the safety of its employees, agents and <br />subcontractors in the performance of the work hereunder and shall take all protections <br />reasonably necessary for that purpose. All work shall be done at Contractor’s own risk, and <br />Contractor shall be solely responsible for any loss of or damage to Contractor’s materials, tools, <br />or other articles used or held for use in connection with the work. <br />10. Independent Contractor. This Agreement neither constitutes nor creates an employer-employee <br />relationship. Contractor must provide services under this Agreement as an independent <br />contractor. Contractor must comply with all federal and state laws and regulations applicable to <br />independent contractors including, but not limited to, the requirements listed in this Section. <br />Contractor agrees to indemnify and defend the City from and against any claims, valid or <br />otherwise, made against the City because of these obligations <br />11. City of Everett Business License. Contractor agrees to obtain a City of Everett business license <br />prior to performing any work pursuant to this Agreement. <br />12. Compliance with Federal, State and Local Laws. Contractor shall comply with and obey all <br />federal, state and local laws, regulations, and ordinances applicable to the operation of its <br />business and to its performance of work hereunder. <br />13. Compliance with the Washington State Public Records Act. Contractor acknowledges that the <br />City is subject to the Public Records Act, chapter 42.56 RCW (the “Act”). All records owned, used <br />or retained by the City are public records subject to disclosure unless exempt under the Act, <br />whether or not such records are in the possession or control of the City or Contractor. Contractor <br />shall cooperate with the City so that the City may comply with all of its obligations under the Act. <br />14. Equal Employment Opportunity. Contractor shall not discriminate against any employee, <br />applicant for employment, or other person on the basis of race, color, religion, sex, age, <br />disability, marital state, or national origin or other circumstance prohibited by applicable <br />federal, state, or local law or ordinance. Contractor shall comply with and shall not violate any <br />applicable provisions of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, and all <br />applicable federal, state, or local law or ordinance regarding non-discrimination. <br />15. Waiver. Any waiver by Contractor or the City or the breach of any provision of this Agreement by <br />the other party will not operate, or be construed, as a waiver of any subsequent breach by either <br />party or prevent either party from thereafter enforcing any such provisions. <br />16. Complete Agreement. This Agreement contains the complete and integrated understanding and <br />agreement between the parties and supersedes any understanding, agreement or negotiation <br />whether oral or written not set forth herein.